In re United States Fid./Gty. Co.; Derrick Hammer, Inc.; — Defendant(s); applying for supervisory and/or remedial writs; to the Court of Appeal, Fourth Circuit, No. 92CW-2575; Parish of Plaquemines, 25th Judicial District Court, Div. “A”, No. 28-840.

Denied.

concurs in the denial. The trial court properly overruled the exception of res judicata and the motion for summary judgment. The trial court’s superfluous comment in its reasons for judgment regarding the credit for the compromise payment formed no part of the judgment, and the parties at the trial on the merits may reurge their arguments relating to the credit for payment.